CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The US FAA has issued AD 2007-22-02 affecting Bell 212 model helicopters. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 212/63, Amendment 1, which will become effective on 20 December 2007. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides a legislative framework to ensure the safety of air navigation. The Act authorises the Governor-General to make regulations for the purposes of the Act, with a primary focus on safety. Under this authority, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate requirements to ensure the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. The ADs are typically issued in response to directives from the State of Design or as a result of Australia’s international obligations, and they do not require public consultation or a Regulatory Impact Statement. The ADs are developed by CASA to maintain the safety standards required by the Civil Aviation Act.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as amended, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with safety standards and continuing airworthiness as per the requirements of the Civil Aviation Act 1988. These ADs apply to all aircraft and aeronautical products registered in Australia, irrespective of whether they are domestically or internationally registered. CASA's responsibility under these regulations includes assessing and issuing ADs in response to directives from the State of Design, as mandated by international conventions, such as Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments that do not require public consultation or a Regulatory Impact Statement due to their specific regulatory nature and international obligations. These regulations extend across Australia and align with international safety standards to ensure the safety of air navigation within the nation's jurisdiction.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations to ensure the safety of air navigation. These regulations include the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are considered disallowable instruments, as stipulated in section 46A of the Acts Interpretation Act 1901, and thus fall under the category of legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of the aircraft type to the relevant States of Registry. The State of Registry, which is the country where the aircraft is registered, must also develop or adopt requirements to maintain the continuing airworthiness of the aircraft. When the State of Design issues an AD, such as the one issued by the US Federal Aviation Administration (FAA) for Bell 212 model helicopters, CASA must evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the State of Design's requirements.
In this particular case, CASA has issued Australian AD/BELL 212/63, Amendment 1, which replaces the previous AD and will become effective on 20 December 2007. This AD was issued due to Australia's obligations under the Convention on International Civil Aviation and in response to the FAA's AD 2007-22-02. Since ADs are issued to meet international standards, the Office of Best Practice Regulation has determined that they do not require consultation with the Australian public or a Regulatory Impact Statement. The AD was made by the Manager, Airframes, in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.
Regarding the obligations and requirements, the Act imposes a duty on CASA to ensure that the ADs issued are in line with international standards and meet safety requirements. CASA must assess the information provided by the State of Design and determine if an Australian AD is necessary. The penalties and consequences for non-compliance with these ADs can be severe, as they are intended to ensure the safety of air navigation. Under the Civil Aviation Act 1988, failure to comply with an AD can result in significant civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach and the potential risk to safety.